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Hi Guys need your help and expertise Guys a friend of mine applied for tier 1 entrepreneur got refusal back in April appealed that decision reasons were not having access to 50 k and some other small reasons now he is completing his 10 years 100% on 05 October and with in 28 days some where 08/09 sep. Hearing date 15/10/2013
Q1: He has been given advise by some on that he can withdraw his appeal can put 10 years long term residency application is it possible or not if does that what chances he got to get his ilr.
Q2: if he withdraw his appeal he is going to become illegal and 10 years rules say you can not apply if you do not have valid leave.its bit complected .
Wait for your response believe me some of us are better then average solicitors and know more then them any experience/ example will be well come he is relay very much confused what to do shall he stick with appeal or make new application or change the grounds of appeal thanks
ASJID

page 25 of the guidance (click) wrote:The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal a person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

What was the date of the refusal letter?

D4109125 wrote:

page 25 of the guidance (click) wrote:The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal a person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

What was the date of the refusal letter?

Hi Guru thanks for your quick response refusal letter was dated 5th of April and he received it 15th and appealed against the decision on 20th of April and hearing date 15th of October 10th anniversary on 05th of October
ASJID

i have same problem as you i came in last week of september 2003. .currently my appeal is in the court so if you can guide me what i have to do first:-
my Solicitor is saying to withdraw the appeal and apply for ILR. but ...the questions are;-
1:- To withdraw appeal and then send a fresh application
or
2:- First to send a new application FOR ILR and then, when i receive acknowledgement letter then i have to withdraw THE APPEAL appeal.
3:-Whats the procedure to withdraw the appeal and how long it takes.
4:-Do i need any letter OF confirmation FOR withdrawal of appeal to send to home office with my application.

MANY THANKS IN ADVANCE FOR YOUR TIME IN THIS REGARDS.

i have same problem as you i came in last week of september 2003. .currently my appeal is in the court so if you can guide me what i have to do first:-
my Solicitor is saying to withdraw the appeal and apply for ILR. but ...the questions are;-
1:- To withdraw appeal and then send a fresh application
or
2:- First to send a new application FOR ILR and then, when i receive acknowledgement letter then i have to withdraw THE APPEAL appeal.
3:-Whats the procedure to withdraw the appeal and how long it takes.
4:-Do i need any letter OF confirmation FOR withdrawal of appeal to send to home office with my application.

MANY THANKS IN ADVANCE FOR YOUR TIME IN THIS REGARDS.

sumbal wrote:i have same problem as you i came in last week of september 2003. .currently my appeal is in the court so if you can guide me what i have to do first:-
my Solicitor is saying to withdraw the appeal and apply for ILR. but ...the questions are;-
1:- To withdraw appeal and then send a fresh application
or
2:- First to send a new application FOR ILR and then, when i receive acknowledgement letter then i have to withdraw THE APPEAL appeal.
3:-Whats the procedure to withdraw the appeal and how long it takes.
4:-Do i need any letter OF confirmation FOR withdrawal of appeal to send to home office with my application.

MANY THANKS IN ADVANCE FOR YOUR TIME IN THIS REGARDS.

Hi Sumbal its bit complected if you want to play 100% safe then best way is to change the grounds of your appeal but once you have completed your 10 years qualifying period you can withdraw your appeal write a covering letter to home office with your set LR and full fee life in UK test notification
tell your circumstances in letter and send home office the letter you send to the court to withdraw your appeal as well otherwise home office will void your application refund money and they will link it up with your appeal. This is the way my friend going to do for you i will say get a good lawyer and do it properly no point to take risk at this stage 10 years are long period you don't want to lose at this stage.
ASJID

any 1 got solid answers for this scenrio ?> one of my friend is in similar situation as well ?